Consequences of Credit Card Default

Please answer our four questions relating to credit card default and its consequences.

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Bill's Answer: Answered by Mark Cappel

I answer your four questions about the consequences of defaulting on a credit card debt below.

1. Charge-Off

As with most consumer debts, failing to make payments on your credit card accounts in a timely manner will likely result in the lenders reporting late payments to the major U.S. consumer credit reporting agencies — Experian, Equifax, and TransUnion. After receiving no payment for 6-8 months, the creditors will be required to “charge off” the debts, meaning that they must remove the debt from their “accounts receivable” books; a charge-off does not mean that you are not liable for the debt, only that the creditor. Charge-offs will appear as derogatory items on your credit reports, and will likely cause a significant reduction in your credit score. To read more about credit, credit scoring, and credit reports, I encourage you to visit the Bills.com at Credit Information & Resources page.

Collections

While the credit problems associated with financial hardship are an issue for consumers who are planning to make a large purchase in the near future, the more immediate consequence experienced by most consumers are the collection activities undertaken by many creditors. You will likely receive collection calls and letters from the creditor directly. If you are still unable to pay the debt after several months, the creditor is likely to refer the account to a third-party collection agency.

Third-party collectors are known to be much more aggressive in their collection tactics than original creditors, so do not be surprised if the calls become more persistent, or even threatening. Thankfully, federal law, the Fair Debt Collections Practices Act, requires third-party debt collectors to stop calling you if you send a written demand to cease communication. You can find an example cease communication demand letter at the Bills.com Debt Do-it-yourself page.

Quick Tip: The Bills.com Debt Coach tool can give you no-nonsense advice about your debt resolution options, including the cost and time to debt freed for each option.

Judgments

In some cases, when all other collection efforts fail, a creditor will decide to file a lawsuit against a consumer for his or her unpaid credit card account. In my experience, only a small percentage of delinquent accounts end up in litigation, but it is a possibility about which you should be aware. If one of your creditors sues you, the court will likely issue a judgment in the creditor’s favor. Depending on your state’s laws regarding the enforcement of judgments, the creditor may be able to garnish your wages, levy your bank accounts, or take other action to enforce its judgment.

Most delinquent consumer debts do not result in litigation, so you should not be overly concerned, but if a creditor does file a lawsuit against you, you may need to consider establishing a repayment plan, or even filing for bankruptcy protection, to prevent further enforcement action.

2. Rebuilding Credit

If you decide to file for bankruptcy protection, the case will appear on your credit reports for ten years from the date of filing, and will likely cause significant damage to your credit rating, especially for the first few years after filing. As time passes, credit scoring models and most lenders give less weight to older derogatory items in favor of newer positive trade lines when reviewing a consumer’s credit history. You need new credit lines so you can establish positive payment history to counterbalance the negative impact of your bankruptcy filing. Establishing a positive payment history can be difficult for people who have had past credit problems, especially those forced to file for bankruptcy protection.

Consider two options. First, if you know someone with an established credit history who will co-sign a loan with you, you may be able to obtain a loan and start building your credit.

Second, if you cannot find someone to co-sign an unsecured loan, apply for a secured credit card. Secured credit cards require you to deposit cash in an account with the credit card issuer. The credit line available on the card is equal to the amount of cash on deposit. This may sound strange; why not just spend your own cash? Secured credit cards report timely payments to the credit bureaus, which helps establish a positive credit history. To read more about bankruptcy, and the alternatives available to consumers, visit the Bills.com debt help page.

3. Credit Score Impact

From a credit score perspective, it is better to default on one large account than defaulting on many small accounts. Although the large account would carry a heavy weight, the many small delinquencies cause more damage than one big delinquency. But that's not the total picture. As for debt settlement programs, generally the opposite is true — the more accounts you have, the more flexibility the debt servicing company has in negotiating with your creditors. If you have only one account, if the creditor is unwilling to negotiate, the whole strategy is a bust. However, if you have multiple creditors, one or two creditors’ refusal to cooperate will not defeat the plan as a whole.

4. Bankruptcy

Both types of bankruptcy (Chapter 7 and Chapter 13), as well as foreclosure actions, are viewed as serious derogatory items on consumer credit histories. I cannot say that one is “worse” than the other, as each has its own serious consequences. However, I can tell you that a foreclosure action is often more costly for consumers; in addition, many consumers find that they must file for bankruptcy after foreclosure to prevent further collection action by their mortgage lender.

Editor's note: When we wrote this answer originally, we knew a lot less about the impact negative events have on a credit score than we do now. See the Bills.com article Short Sale, Foreclosure & Your Credit Score to learn more.

If you face foreclosure and/or considering filing for bankruptcy protection, I strongly encourage you to consult with an attorney in your area to discuss your financial difficulties. Your attorney will review the details of your situation and help you decide what actions are appropriate for you and your family.

I wish you the best of luck in resolving the financial problems you are facing.

I hope this information helps you Find. Learn & Save.

Best,

Bill

Bills.com

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Comments (192)


Braeden T.
Overland Park, KS  |  April 13, 2014
I have one credit card and I owe $3,000 on it. I'm thinking about defaulting due to the fact that I have no other delinquencies. It's through Discover. What are my options? It'd take me longer to pay it off than it would affect my credit score.
Bills.com
April 14, 2014
What you seem to be leaving out in your assessment is the risk of Discover pursuing collections if you stop paying. Discover is known as an aggressive creditor when it comes to going after delinquent accounts. You risk being sued and having wages garnished or bank accounts seized, if they sue you and get a judgment against you.

I recommend that you speak to a credit counseling program to see if any interest rate reduction would speed up the time it takes you to pay off the debt.
John G.
Atlanta, GA  |  March 11, 2014
My parents are in a lot of credit card debt and my father continues to make the minimum payments but it eating away at their income to survive. They are on their last lap of life and I want them to stop paying so they can afford an assisted living facility. Is this the best course??? My father refuses to file for bankruptcy and told me that when he is dead my mom can just do it. Help me out
Bills.com
March 17, 2014
You can't compel your father to file bankruptcy, as you know, even if doing so was in his best interest. If he needs a lower monthly payment to improve his cash flow, he should look at:
  1. Consumer Credit Counseling
  2. Debt Settlement

Stopping payment is only a reasonable strategy if his income is not subject to a garnishment, were a judgment obtained, and he could protect assets and bank accounts from attachment, too.

Edna B.
Murrells Inlet, SC  |  March 10, 2014
My aunt send her life savings, her money received from her reverse mortgage, and ran up thousands and thousands in Credit Card debt. She sent all this through an overseas internet scammer. None of it is retrievable. She is widowed, obese, 64 yrs old, has additional health problems, and only her soc sec to live on and pay these debts~ her soc sec barley pays her utilities and food. What are her options?
Bills.com
March 10, 2014
Gather your aunt's family and discuss consulting with a lawyer about creating some sort of spendthrift trust to put someone else in charge of your aunt's money so that her essential needs are taken care of.
Dion W.
Clarkston, GA  |  September 08, 2013
I defaulted on a few credit cards (department store, $1000 and less). Last payment was May 2013. I'll be getting the money to settle these accounts probably the middle of January 2014. A couple of the cards are with GE capital/amazon, one for about $1000 as of today (includes late fees), and the other is GE capital/ Walmart for about $700. I have another is a Bloomingdales for about the same amount as the amazon card. The other cards are pretty small, under $500. So I have a little over 4 months until I'll have the money to pay these accounts. My question is, how long do creditors/collection agencies usually hold on to these size debts before they sue? I'm really hoping that I can go 4 months without a lawsuit.
Bills.com
September 09, 2013
Typically, the retailers hold off until after charge off (which is usually after 6 full months of delinquency) before they look to litigate. Also, that 5th month, depending on the retailer, is also the best month to offer a settlement. If your last payment was May, then we’re looking at June as the first month of delinquency so you’ll be cutting it close if you plan to pay in January as the 6th month would be December.
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Dion W.
Clarkston, GA  |  September 10, 2013
Thanks for your reply. Do they mostly sue or do they usually give it to debt collectors first?
Bills.com
September 12, 2013
Retailers are hit and miss with regards to litigation but what you have in your favor are the small balances. Each issuer has their different “thresholds” for pursuing legal actions. Typically, for balances under $1,500, they simply don’t waste their time.

Although $1,500 is a good rule of thumb, we know of instances where collection agents filed actions against consumers in small claims courts for balances due of less than $500. We say this not to alarm you, but to simply say collection agents don't always follow rules of economic common sense when deciding whether to file a lawsuit against a consumer.
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Dion W.
Clarkston, GA  |  September 12, 2013
Thank you so much for all of your help. Your advice is invaluable :)
Chris W.
Vineland City, NJ  |  August 12, 2013
I am 16 years old and decided to apply for a credit card (stupid, I'm now aware) I lied about my age and income, but put my actual SSN, and was approved. I then (even stupider decision) ran up the bill, got approved for a second card and ran hthe bill up on that. After interest rates and all, I am about 1,100 dollars in debt over two cards. My question is: am I responsible for this debt considering I am underage? If so, what would be my best course of action to pay those off? I now have a job and am worried about my wages being garnished and etc.
Bills.com
August 13, 2013
Minors can enter into contracts and do so often. Put another way, it's not illegal for either the minor or the other party (presumably an adult) to sign a contract. For example, if it was illegal for minors to sign contracts, there would be no child actors working in movies or television.

The trick is enforcing a contract against a minor. Generally, courts consider minors incompetent or lacking in capacity to sign contracts. Courts, therefore, are reluctant to enforce contracts signed by by minors.

Note my using qualifications here — generally and reluctant. Courts look at the facts of each case carefully. Let me add facts to what you included in your question. Let's say for the sake of argument you made no payments to the credit card issuers, and made statements indicating you never intended to. If so, the court may find you had fraudulent intent, and would have no hesitation to enforce the contract regardless of your age.

Back to your facts. Here, you lied about your age and income in two credit card applications. It is likely neither credit card issuer were aware of your actual age. Let's say you didn't lie about your age and income for a moment. If the credit card issuers were aware you were 16 and had no or limited income, then they accepted the risk of issuing you a card with open eyes. Shame on them for signing a contract with a minor. However, you gave both issuers false information, and somewhere in the application is a promise that the information you submit is truthful and accurate. They didn't know they were dealing with a minor, and thought they were dealing with an adult with income. It's hard to fault the credit card issuers here. And it seems unfair for you to dupe the credit card issuers by claiming to be an adult then hide behind your age to avoid your liability. In this situation, I doubt a court would allow you to use your age as a defense in a lawsuit. Similarly, I foresee the court allowing the credit card issuers to enforce a judgment against you.

By "enforce" I mean if either or both credit card companies file lawsuits against you, and your lack-of-capacity defense is not persuasive, the court will give the credit card companies a judgment in their favor. With the judgment in hand, the credit card companies would have the right to garnish your wages, levy your bank accounts, place a lien on any land you own, or ask the sheriff to seize your personal property.

Consult with a lawyer who has consumer law experience. Finding and talking to a lawyer may seem like a frightening idea, but you need to do this to understand your rights and liabilities. Ignoring this problem will not make it go away and will only make the consequences worse.

If you cannot afford a lawyer, call your county bar association and ask for the names of the organizations that provide no-cost legal services to people with low or no income in your area. Make an appointment with one of the organizations, and bring all of the documents and letters you have regarding the two credit cards debts to your meeting. The lawyer you meet will advise you accordingly.
Monique W.
Bowie, MD  |  July 02, 2013
My questions is: I had a Canadian SIN and made a purchase in the U.S. years ago using stor credit but I was not a US Citizen with no U.S. SS number. Years later I now have a U.S. SS Number. I pulled my credit report and found both my Canadian sin and U.S. Numbers listed along with the debt associated with the canadian SIN. Is this right? Can they put this on my U.S. Report?
Bills.com
July 02, 2013
I know of nothing in the US Fair Credit Reporting Act that prohibits the US consumer credit reporting agencies from publishing accurate information about non-US debts.
Dovev W.
Saint Petersburg, FL  |  June 14, 2013
I have about 3 credit cards that went into default. I got laid off in December and I contacted each provider to let them know that as soon as I got back on my feet I would continue to pay it. I looked up my accounts and they are closed. I am getting back on my feet now and wanted to know what are my options for paying the actual provider and not the third party. I would rather pay the actual provider than the third party to ensure that the payment is shown on my credit score. What can I do?
Bills.com
June 14, 2013
Original creditors have three options for dealing with delinquent accounts:
  • Deal with collections internally.
  • Hire a collection agent on a contingency basis or fixed-fee contract basis to collect the debt on the original creditor's behalf for a set period of time.
  • Sell the collection account to a collection agent.

It is common for credit card issuers to sell their collection accounts. If the original creditor sold your account, it may not accept a settlement payment because it has no legal rights to do so.

If the original creditor is contracting with a collection agent, it will resist any attempt for you to negotiate a settlement, and should reject any payment you send it. It, after all, hired the collection agent for a reason.

Regarding your credit report and score, there is no advantage to you in trying to bypass the collection agent and deal with the original creditor directly. FICO will not reward you for settling the debt. VantgageScore 3.0 will reward you for settling the debt, but few creditors rely on VantageScore.

BA B.
Columbia, SC  |  February 11, 2013
I recently had a $1250 credit card charge default. I have moved and am job searching and am unable to make payments. What are the best options? Should I send a cease and desist letter to third party agencies and contact them when I am able to make a payment or what?
Bills.com
February 12, 2013
It is unclear where you are in time regarding your credit card debt. Here are your options:
  • Newly delinquent: You are one or two months behind in payments. If this describes you, talk to your credit card issuer about its hardship program. Credit card issuers do not discuss these plans, and are no obligation to offer these plans. Ask a customer service representative if one is available, and if so, whether you qualify based on your payment history and circumstances.
  • Delinquent less than ~180 days: If this describes you, ask the credit card issuer if you still qualify for a hardship program.
  • Delinquent more than about 180 days but less than your state's statute of limitations for breach of contact: Start negotiating a settlement to your debt. Follow the link I just mentioned to learn how.
  • Your delinquency exceeds your state's statute of limitations for breach of contract: The clock on your state's statute of limitations starts running when you miss your first payment. If the clock for this debt has run out in your state, the original creditor or its collection agent can still file a lawsuit against you to collect the debt (in most states). If it does so, you must file a motion with the court to assert a statute of limitations defense. Because you have this defense available, you might as well send the collector a cease communications notice to stop it from contacting you.

You mentioned a $1,250 debt. Most debt settlement and credit card counseling providers will not accept you for such a small (relatively speaking) debt amount. Therefore, arm yourself with information by following the links I mentioned above, and take the action appropriate to where you are in the collection cycle.

Kyle F.
Mukwonago, WI  |  November 11, 2012
I have a credit card that I let a friend use to buy furniture. I had him sign a contract stating that he was liable for the loan. I am now getting calls from a collection agency because he defaulted therefore I defaulted on this loan. I realize the letting him use my credit was not a smart move on my part but now I am concerned with what this is going to do to me. I am currently looking for full time work, have student loans that I am paying on and also have a credit card that I am paying on. I am wondering if there is any recourse that I have.
Bills.com
November 12, 2012
You can try to work out a payment plan or a reduced-balance settlement with the collection agency, to prevent things from degrading into a lawsuit.

Separately, you could try to take action against your friend, for not honoring the agreement the two of you had.
Sara F.
The Woodlands, TX  |  August 27, 2012
I have a credit card with $10500 debt on it. I currently make payments as I can but can hardly do so and live day to day and am continuously unable to pay it down and continue to incur interest. What will happen if I default and how do I go about that?
Bills.com
August 27, 2012
Sara, you should work hard to avoid default. First, speak directly with your creditors, to see if they will work with you. Maybe one or more will put you into a temporary hardship program with reduced interest or monthly payment. Two, look into both debt settlement programs and credit counseling programs. If neither of those options is right for you, speak with a bankruptcy attorney and also learn what the collection laws are in your state.
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